McAndrews v. McAndrews
McAndrews v. McAndrews
Opinion of the Court
Opinion by
The conclusion of the trial judge is supported by the weight of the evidence. The appellant admits that he separated from his wife and that he refused and still refuses to longer cohabit with her. His default is manifest unless he can mate it appear that his action was justified by conduct on the part of the appellee which would entitle him to a divorce. We do not find from the evidence brought up that such conduct is proved. The appellant alleges that his wife was neglectful of her do
The amount of alimony allowed is not disproportionate to the estate of the respondent. His salary is $135.40 a month and $20.00 a month is not an unreasonable proportion of that to be applied to his wife’s maintenance. The income from the property shown to belong to her is not large and probably does not afford more than would provide the appellee a comfortable living in connection with the amount awarded by the court. The decree for alimony is subject to modification, however, at any time on cause shown and the appellant is not without relief with reference thereto when the facts warrant intervention by the court in which the decree was entered. The experience and sound judgment of that tribunal is a safeguard to the appellant if conditions arise which justify a reconsideration of that subject at any time.
The decree is affirmed.
Reference
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- Divorce — Desertion—Evidence. A husband cannot plead as a justification of his desertion of his wife, that she was neglectful of her domestic duties, that she nagged him by following him at times and observing his movements and that on a few occasions she had used intoxicating drinks, and this is especially so where it appears that the husband used liquor habitually himself, and that he was absent from home much of the time at night and his wife was interested in knowing where he was and what he was doing. Divorce — Alimony—Husband’s income. An allowance to a wife of $20.00 a month alimony where the husband’s salary is $135.40 a month, is not unreasonable.